Alimony

[MamaTiger]

What is the name of your state? California

My divorce took place in Los Angeles, CA. I was awarded Alimony. He has quite his job, everything is in his new wife's name, at least as far as I have been able to find so far. We go to court on Feb. 1st because he refuses to sign off on the Quadro, because I am also trying to get the past due alimony from his half of the retirememt account. I would like to know if there is anyway to get the alimony from either a joint account if there is one, or from her checking account, or garnish her wages, since her income is also his income, since she pays for everything for him, all of his food, clothing, housing, etc. Since his alimony payment is one of his bills, and she is paying all of them, is there anyway to collect it from her?? Or am I just **** out of luck**************..

[I AM ALWAYS LIABLE]

Originally Posted by MamaTiger

What is the name of your state? California

My divorce took place in Los Angeles, CA. I was awarded Alimony. He has quite his job, everything is in his new wife's name, at least as far as I have been able to find so far. We go to court on Feb. 1st because he refuses to sign off on the Quadro, because I am also trying to get the past due alimony from his half of the retirememt account. I would like to know if there is anyway to get the alimony from either a joint account if there is one, or from her checking account, or garnish her wages, since her income is also his income, since she pays for everything for him, all of his food, clothing, housing, etc. Since his alimony payment is one of his bills, and she is paying all of them, is there anyway to collect it from her?? Or am I just **** out of luck**************..

My response:

This is very common. What men like him fail to understand is that what he's doing can easily be reversed by the court. He will be found in Contempt of Court, and he'll be carted off to jail. So, when you go to the hearing, make sure you bring him a toothbrush and a change of underwear. If you're really nice, hand him a tube of KY Jelly, too. He'll appreciate that when he meets Big Bubba.

IAAL

[MamaTiger]

California:

Thank You "I am always liable" for your reply, it lifted my spirits, cause if I can't get my alimoney then I have no problem with him going to jail. I didn't realize he could go to jail for not paying. I unfortunately have a lousy lawyer whom has taken 3 years just to get the quadro done, so I will call her to find out about getting him sent off, or ask the judge myself when we go to court. But unfortunately I'm not in the mood to be nice so no KY for him, he's gonna have to take it the hard way, just like he's been doing to me!!!!!

[NanaS]

The state of decree is Oregon but living in California with sister. My sister is living with me since a tragic massive stroke 2 and a half yrs ago. I brought her down to California after her husband put her into a nursing home because he didn't want to take care of her! He filed for a divorce and, had her served in the nursing home all the while she couldnt walk or talk and thought her family wouldnt find out! Well, I did and went directly to Oregon and after filing the response myself in long hand and standing in the line to see the judge and then filing it, retained an Attorney, she was awarded an equity settlement and alimoney for life, his or hers which ever is first. But she has only seen 3 months worth Feb thru May 04,since it was automatically taken when the house was sold and she was given her equity. He has retained physical but joint custody of their 11 yr old daughter whom he is supposed to be covering with medical insurance and isnt! In the decree it states that my sister has to pay 30% of what the insurance doesnt pay, well, he never attained any insurance and took the child to an orthodontist to get braces and sent us the bill for half! When I balked at this and told him first of all, she doesn't pay half and second of all he is supposed to have medical insurance! He just stated that he would just take it out of her alimony and hasn't sent her anything!! I or she rather cannot afford an Attorney to rectify this situation and , dont know what our options are? Does anyone know or have any help, my sister is on disability as she never worked she was a fulltime mom and we are in California! Maybe I should have started my own thread for this I really dont know but it sounded so much the same! thanks

[Hisbabygirl77]

Yes if you want your question asked you should start your own thread. It is considered rude to post your question on someones thread. Hopefully this will help you get your questions answered. Good luck

[stepmom65]

Originally Posted by MamaTiger

What is the name of your state? California

My divorce took place in Los Angeles, CA. I was awarded Alimony. He has quite his job, everything is in his new wife's name, at least as far as I have been able to find so far. We go to court on Feb. 1st because he refuses to sign off on the Quadro, because I am also trying to get the past due alimony from his half of the retirememt account. I would like to know if there is anyway to get the alimony from either a joint account if there is one, or from her checking account, or garnish her wages, since her income is also his income, since she pays for everything for him, all of his food, clothing, housing, etc. Since his alimony payment is one of his bills, and she is paying all of them, is there anyway to collect it from her?? Or am I just **** out of luck**************..

I'm from California also. If your x and his new wife have accounts, assets and money's together in both their names, those items can be included... I'm the new wife and my accounts, money's, etc are all separate from my husbands, for this exact reason. Only difference with your case, my husband paid his alimony and child support without any problems.

You won't be able to attach her wages, as she didn't make the child, you and he did. How would you feel if the situation was reversed and your husband wanted to pay you less because of your new husband's income...

You can get his income imputed, which means, what he is capable of earning is what will be calculated. Regardless of whether he is working or not, he still has to pay the support, whether he writes the check or the new wife, but her income cannot be included. Sorry, i'm sure you didn't want to here this, but we've recently had experiences in this area with my husband's X.



Consult an attorney, keep records of everything....good luck. If money is a problem, find out what the chances are of a judge making him pay your legal costs. After all, you are taking him to court because of his failure to comply.

[MamaTiger]

dear stepmom65:

thank you for your reply. Unfortunately they have put everything in her name just becasue he didn't from the very start think he should have to pay alimony. He abandoned my children and I for her, and decided that the marriage was over so I should just go my way and he go his. That's why I was wondering about making her pay, cause they did that on purpose, he quite his job just to not pay me either. As far as the legal fees yes he will be responsible because my lawyer had enough sense when I told her what a jerk he was gonna be about things to have it put in the divorce creed that if any legal action was necessary to enforce the divorce whoever was not honering the agreement would also be responsible for the legal fees... I am keeping track of every penny he owes me, but he doesn't ever plan to go back to work, and they put everything in her name, so that probably means I won't see a penny of it I guess. I would love to not have to worry about it and put it behind me, but I'm in financial stress because of him not paying and I don't know what else to do.

[LdiJ]

Originally Posted by MamaTiger

dear stepmom65:

thank you for your reply. Unfortunately they have put everything in her name just becasue he didn't from the very start think he should have to pay alimony. He abandoned my children and I for her, and decided that the marriage was over so I should just go my way and he go his. That's why I was wondering about making her pay, cause they did that on purpose, he quite his job just to not pay me either. As far as the legal fees yes he will be responsible because my lawyer had enough sense when I told her what a jerk he was gonna be about things to have it put in the divorce creed that if any legal action was necessary to enforce the divorce whoever was not honering the agreement would also be responsible for the legal fees... I am keeping track of every penny he owes me, but he doesn't ever plan to go back to work, and they put everything in her name, so that probably means I won't see a penny of it I guess. I would love to not have to worry about it and put it behind me, but I'm in financial stress because of him not paying and I don't know what else to do.

Lets hope that the judge jails him sooner rather than later. Once he has to do a stint in jail he hopefully will be sensible and start paying regularly.

[stepmom65]

Originally Posted by MamaTiger

dear stepmom65:

thank you for your reply. Unfortunately they have put everything in her name just becasue he didn't from the very start think he should have to pay alimony. He abandoned my children and I for her, and decided that the marriage was over so I should just go my way and he go his. That's why I was wondering about making her pay, cause they did that on purpose, he quite his job just to not pay me either. As far as the legal fees yes he will be responsible because my lawyer had enough sense when I told her what a jerk he was gonna be about things to have it put in the divorce creed that if any legal action was necessary to enforce the divorce whoever was not honering the agreement would also be responsible for the legal fees... I am keeping track of every penny he owes me, but he doesn't ever plan to go back to work, and they put everything in her name, so that probably means I won't see a penny of it I guess. I would love to not have to worry about it and put it behind me, but I'm in financial stress because of him not paying and I don't know what else to do.

Sorry to hear about your troubles.....The judge most likely will "impute" his income, and if he doesn't pay the $$, the other posters are correct, he can and most likely go to jail, and be fined on top of this. He will probably straighnten up after his first visit to the slammer. When, that's the question here??? But he can't go and just ignore court orders. One thing that came to my mind, was that when my husband was getting divorced, I remember him telling me when we were getting married, that he consulted with his attorney about remarriage. His attorney stated that that would be fine, however, if he stopped paying the required support, I might have my income and assets included and garnished....That was just a big IF and the attorney stated that it depends on the judge, but she's seen it happen.

So, it might take a while for his time to come, but I sincerely believe one night in the slammer would be all it takes...Keep pursuing your cause and don't stop!!! If you stop, it takes that much longer...

take care

[MamaTiger]

Thank you all for your support. It has given me new strength to continue, I am going to court on Feb. 1, I will let you know how it goes. I won't give up.

MamaTiger

[MamaTiger]

Well we didn't make it to court, my ex decided to offer me a settlement, my lawyer suggested we hear him out, only problem is, he waited until the afternoon before the court date, and when his settlement letter came, it wasn't a settlement at all, he offered me the whole balance of the retirement as payment for past alimony, and wants me to take this as a final payment and give up my claim on my future payments. I'm very mad because I already was going to get the retirement due to a lien put against it for the back support, and I'm certainly not going to give up my future payments. He claims that he is going blind from his diabetes, and yet he hasn't produced any medical evidence to support it, all he succeeded in doing was postponing the trial date, I think my lawyer finally sees what a manipulative S.O.B. he is, and so now she's finally come around and is going to go after him.

So thank you everybody for your support and information, I really appreciate it.

Mamatiger

[nextwife]

Originally Posted by MamaTiger

I'm in financial stress because of him not paying and I don't know what else to do.

DO consider doing what you would do if he DID become blind or disabled from his diabetes, a stroke, a heart attack or whatever. Even if he had been paying diligently, at some point anyone might become ill and be unable to continue to support others. You should really work on a back-up plan for the day he CAN'T work. My aunt died at 54 from complications of diabetes, my dad at 52 from a brain tumor, after 5 years of disablity following brain surgery.

It's not a good idea to solely depend on another person being physically capable of taking care of you. I have no idea how old you are and whether you are too old to work (I'm only 50, work full time and raise my 7 year old daughter), but you may want to prepare some options in case he actually does become unable to work and REALLY can't pay alimony at some point.
Say he DID actually go blind from diabetes, or lose a limb, or had an auto accident while in diabetic shock, you really need to think through what you'd do for yourself.